How To Get Permanent And Total Disability From The Va


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Dependency And Indemnity Compensation Benefits

How to Get 100% Total and Permanent Disability VA [NEW!]

If a veteran receiving P& T benefits passes away, their surviving dependents may be eligible for DIC. For VA to award DIC benefits, the late veteran must have had a P& T rating for 10 years prior to their death. If the veteran had a P& T rating for any amount of time shorter than 10 years before their death, dependents will only qualify for DIC benefits if the late veteran died from a service-connected condition.

Military Id Card Eligibility

Note: In general, you must be in the DEERS system to receive a new military ID card. This includes the servicemember and eligible dependents .

You are usually eligible to receive a military ID if you are currently serving in the military , or you are a military retiree. Qualified dependents are eligible for dependent ID cards as well.

Finally, certain veterans are eligible for a military ID card if they are a Medal of Honor recipient, have a 100% disability rating, or in certain other limited circumstances.

Here are some general rules regarding military ID card eligibility. Check with your local issuing base personnel office for more specific information.

Active Duty ID card.

  • You must be on Active Duty military status and be in the DEERS system.

Guard/Reserve military ID card.

  • You must be in the Guard or Reserves, which may include the Inactive Ready Reserves .

Retiree military ID card.

  • You must qualify as a military retiree, which generally means 20 years of active military service, or 20 years in the Guard or Reserves . Medically retired servicemembers may also be eligible.
  • Gray Area retirees will receive a different military ID card until they reach age 60.

Former military / no longer serving, not retired.

Military dependent ID card.

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Does The Va Consider Mental Health Issues Permanent And Total Disabilities

VA does not always consider mental health issues related to your military service as permanent and total disabilities. This is based on most of these conditions are likely to improve with therapy and medication.

Still, if you suffered a severe brain injury that permanently affects your mental health, you might get this rating. VA may also consider you totally disabled if your condition worsens over time despite receiving medical care.

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How Do Permanent And Total Disability Va Benefits Ratings Work

If you are approved for VA Benefits, the Veterans Administration is going to give you a disability rating. If the Veterans Administration finds that your mental and physical conditions have no way of improving, they will give you a permanent rating. If you do not have a permanent rating, the VA has the ability to review your rating from time to time and could possibly lower your rating.

However, just because you dont have the permanent rating, doesnt mean the VA will automatically review your VA Disability rating the VA is inconsistent. That probably doesnt come as a shock to you.

How Ssdi And Va Compensation Can Work Together

How Many 100 Percent Disabled Veterans Are There

Fast-track applications

If you have a 100 percent P& T rating from the VA, Social Security will speed up processing of your SSDI claim. To get expedited handling, enter Veteran 100% P& T in the Remarks section of your online application and provide Social Security with the notification letter the VA sent you about your rating.

Regardless of your P& T rating, you may qualify for expedited processing under Social Security’s Wounded Warrior program, which prioritizes claims for veterans who became disabled while on active duty on or after Oct. 1, 2001.

No ‘offset’

Workers compensation and some other types of public disability benefits can trigger what the SSA calls an offset that reduces your Social Security payments. VA disability benefits don’t affect your SSDI or vice versa if you qualify for both programs, each will pay the full amount to which you are entitled.

Health care coverage

If you get SSDI and VA disability benefits, you can receive medical coverage through both.

SSDI recipients are eligible for Medicare, although in most cases there is a two-year waiting period for coverage to begin. Veterans are eligible for coverage under the military’s Tricare program.

If you’re getting both benefits, Medicare becomes your primary payer and Tricare serves as a supplement, covering some cost-sharing, such as copayments and deductibles.

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How To Get Permanent And Total Disability From The Va In 4 Steps

If P& T status isnt added to your claim automatically, heres how to get permanent and total disability from the VA in a few simple steps:

  • Step #1. Open a new claim online at, and add a new disability called Request for Permanent and Total Disability Status.
  • Step #2. Youll want to upload medical evidence showing that your disabilities meet the definitions of permanent and total .
  • Step #3. Its helpful to have your treating physician or other private medical professional write a letter on your behalf explaining how your disabilities are Total, Permanent, and unlikely to improve.
  • Step #4. You should write a personal Statement in Support of a Claim documenting how your disability condition are static and not subject to a Routine Future Examination .

Your Va Disability Rating Could Become Permanent At Certain Times

When it is fairly likely, based on medical evidence, that the degree of impairment will persist for the remainder of the veterans life, VA determines a disability to be permanent. It may be more challenging for younger veterans to be deemed permanently incapacitated because of this, and VA is permitted to consider age when deciding whether a condition is permanent. Veterans no longer need to go to re-examinations after VA determines that a veterans service-connected ailment is permanent. You are excused from further tests under 38 CFR 3.327 when:

  • Your situation is unchanged
  • Your condition has persisted for a period of five years or more without materially improving
  • The disability from sickness is of such a sort that there is little chance of improvement and is permanent in character .
  • Even if there can be certain exceptions, such you are older than 55
  • The score you were given is the required minimum score or
  • If a lesser rating would not have an impact on your overall disability rating

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Va Claims Processes And The 100% Permanent And Total Disability Rating

The VA claims review process for assigning disability ratings is based on the nature of the medical issue, when and how it developed and whether or not the problem is service-connected or permanent.

If you cant hold down a steady job to support yourself, you may also qualify for individual unemployability. Youll need to file the following additional forms with your disability claim:

  • VA Form 21-8940, Veterans Application for Increased Compensation Based on Unemployability
  • VA Form 21-4192, Request for Employment Information in Connection with Claim for Disability Benefits

Can The Va Reduce Or Terminate My Tdiu Benefits

How to Get 100% Permanent and Total VA Rating

The VA can terminate your TDIU benefits if it determines that your condition has improved to the point that you are able to maintain substantially gainful employment. Your TDIU rating may also be reduced if you are able to maintain substantially gainful employment for 12 consecutive months.

However, this rule does not apply to veterans who are working in what is known as a protected work environment. This designation usually applies to a situation where some special accommodation is made for the veteran.

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Getting Assigned A Permanent Va Disability Rating

First off, a permanent rating may be assigned when medical evidence strongly suggests your condition will not improve over time. The severity of your condition, or multiple conditions, will factor into this, as will your age at the time of your claim. Now, a permanent status doesnt necessarily mean your rating is 100%. It only refers to the likelihood of your condition, whatever its rating, to not improve over time. A 100% disability rating is instead considered total, and likewise, it doesnt necessarily mean your rating is permanent. Having a permanent and total rating will, in fact, protect you from reexamination and rating reduction later in life, but both conditions must be satisfied in your initial exam, or later exam down the line.

You may always request a reexamination to determine if your condition is consistently severe or worsening in an effort to get assigned a total and/or permanent rating.

What Is 38 Cfr Permanent And Total Disability

According to 38 CFR § 3.340Total and Permanent Total Ratings Permanent and Total disability exists when:

  • Such impairment is reasonably certain to continue throughout the life of the disabled person. This is the most common reason why the VA grants Permanent and Total disability status.
  • The permanent loss or loss of use of both hands, or of both feet, or of one hand and one foot, or of the sight of both eyes, or becoming permanently helpless or bedridden constitutes permanent total disability.
  • Diseases and injuries of long-standing which are totally incapacitating will be regarded as permanently and totally disabling when the probability of permanent improvement under treatment is remote.
  • Permanent total disability ratings may not be granted because of any incapacity from acute infectious disease, accident, or injury, unless there is present one of the recognized combinations or permanent loss of use of extremities or sight, or the person is in the strict sense permanently helpless or bedridden, or when it is reasonably certain that a subsidence of the acute or temporary symptoms will be followed by irreducible totality of disability by way of residuals.
  • The age of the disabled veteran may be considered in determining permanence.

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% Permanent And Total Va Disability Ratings

Permanent and total disability ratings mean that VA has determined the veteran is both permanently and totally disabled. It is a classification that means veterans no longer need to attend Compensation & Pension exams. In addition, veterans with permanent and total disability ratings are typically no longer subject to rating reductions. If you believe you are entitled to a permanent and total disability rating, you should apply through VA.

Veterans With P& T 100 Percent Ratings And Their Families Also May Be Eligible For Added Benefitsthese Include:

Total Permanent Disability Insurance (TPD)
  • CHAMPVA: The Civilian Health and Medical Program of the Department of Veterans Affairs is a health care program for eligible beneficiaries. Dependents of Veterans with a permanent and total 100 percent rating may be eligible for VA healthcare.
  • Chapter 35 DEA: The Chapter 35 Dependents Educational Assistance Program provides education and training opportunities to eligible dependents and survivors of certain Veterans.
  • Expedited Review of SSD: Veterans who have a compensation rating of 100 percent Permanent and Total also are eligible for expedited review of applications for Social Security disability benefits. A VA 100 percent P& T rating does not ensure that you will qualify for Social Security disability. But the medical evidence used to qualify for a Total and Permanent rating will be helpful in seeking Social Security Disability benefits. You still must meet the Social Security Administrations definition of disabled.
  • State-Level Benefits: Depending on the state in which the Veteran lives, the Vet may be entitled to state-level benefits based on their permanent and total status.
  • Dependency and Indemnity Compensation A Veterans permanent and total rating can make it easier for surviving spouses to qualify for death benefits after the Veterans death. For surviving dependents to qualify, the veteran must have died due to a service-connected disability rated as totally disabling or must have been rated as permanent and total for ten years prior to death.

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County Court House Or Clerk Office Issued Veterans Cards

Some counties offer veteran ID cards. In addition, New York City offers a veterans designation on its city-issued ID cards. As with many such IDs, these cards cannot be used to access military bases or VA services. However, they are good for getting military discounts at businesses, parks and other attractions.

What Is The Permanent Disability Definition

The VA deems a disability Permanentwhen it is reasonably certain, based upon medical evidence, that the level ofimpairment will continue for the rest of the veterans life. In this instance,the VA can take age into consideration when determining whether a disability ispermanent. Thus, it can be more difficult for younger veterans, typically under55 years old, to be considered permanently disabled.

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Temporary 100 Percent Disability Rating

Veterans may qualify for a temporary 100 percent disability rating if:

They have been hospitalized for a service-connected disability for 21 days or moreThey have undergone surgery for a service-connected disability that requires a recovery period of at least 30 daysWhen the temporary 100 percent disability rating is granted, the VA pays benefits at the 100 percent rate for the period the veteran is hospitalized or throughout the recovery period.

Concurrent Receipt Of Va Disability Pay And Military Retirement Pay

Permanent and Total | VA Disability Benefits

The Concurrent Retirement and Disability Pay program allows military retirees to receive both VA disability compensation pay, and military retirement pay. Generally, you must be a regular military retiree with a combined VA disability rating of 50% or higher to qualify for CRDP. Click HERE to learn more DFASs CRDP program for military retirees with a VA disability rating.

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Your Dd 214 Will Prove Military Service

The easiest way to prove your military service without one of the above ID cards is with a DD Form 214, which is the document that serves as your service record. This is issued to all military members when they separate from military service .

Unfortunately, carrying around a letter-size document is inconvenient. One tip we have received from many veterans is to take your DD Form 214 to an office supply store such as Office Depot, Office Max, Fed-Ex/Kinkos, etc., and ask them to shrink the card to a wallet-size version and have it laminated. This will give you a wallet-sized document that will prove your service.

Note: Your DD Form 214 is one of the most important documents you will receive, so keep good care of it! Here are more details on the DD Form 214, including how to get a new DD 214.

If you do not have access to the above veterans ID card options, you may still be able to prove your military service in other ways.

For What Types Of Disability Compensation Claims Can Veterans File

  • Pre-Discharge Claims: A servicemember can file a pre-discharge Disability Compensation claim when she is within 180 days of separation or retirement from active duty or full-time National Guard duty.
  • Pre-Service Disability Claims: Veterans who entered service with known disabilities can file a pre-service Disability Compensation claim if their military service aggravated their condition.
  • In-Service Disability Claims: Veterans can file an in-service disability claim for disabilities that result from an injury or disease that occurred during active service.
  • Post-Service Disability Claims: Veterans can file for Disability Compensation after they have been discharged for secondary disabilities that arose later which are connected to a service-related disability.

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Rating Reductions Can Happen Without Permanent And Total Disability Va Benefits Ratings

Reductions can be a real problem the VA can lower your rating from the $3000 a month youre getting to only $500 a month. Even though you can win those reductions, it can be pretty scary sometimes. Protection from these reductions is another reason why Permanent and Total disability VA benefits ratings are better than Totally Disabled. There are even advantages that can transfer over to surviving spouses.

For example, if a spouse is married to a veteran that is rated Permanent and Total for at least 10 years when the veteran dies, the benefits will stop. However, if the veteran was rated Permanent and Total for at least 10 years, the widow automatically qualifies for Dependency and Indemnity Compensation . Thats worth about $1,562.74 a month in addition to Social Security Disability, and theyll get those benefits even if the reason he or she died is unrelated to their time in service. If you have questions you can always reach out to our DIC veterans widows benefits attorneys for help.

Va 100 Percent Permanent And Total Disability Benefits

90 Percent Va Disability How To Get 100

A Top Ten Disability Group in the U.S.

VA will award 100 Percent Permanent & Total disability benefits if the following criteria are met: 1) The veteran has a disability rated at 100%, and 2) Medical evidence shows that this disability is not likely to improve during the veterans lifetime.

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Can I Apply For 100 Percent P& t

While you dont really apply for P& T, there are some steps you can take to secure Permanent and Total Disability status. If you have a 100 percent VA disability rating and believe your level of impairment is reasonably certain to continue throughout your life, you can write a letter to your VA Regional Office requesting a permanent VA rating. With your letter, you should include medical evidence showing that your medical condition cannot be expected to improve in the future. You may be able to obtain a VA permanent disability letter from your doctor as well, which highlights in their medical opinion, whether your disabilities are likely to improve in the future. You can also open a new claim inside eBenefits or and type the disability of Request for 100% Permanent and Total VA Disability and upload medical evidence, buddy letters, and a letter from a doctor.

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